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Civil Litigation,
Law Practice,
Judges and Judiciary,
Appellate Practice

Oct. 2, 2017

‘Realist’ or ‘formalist’: Part 1

I’ve long been a fan of Richard Posner, judge (and former chief judge) of the 7th U.S. Circuit Court of Appeals in Chicago. Here’s why.

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

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‘Realist’ or ‘formalist’: Part 1
Posner in his chambers in Chicago in 2012. (New York Times News Service)

MOSKOVITZ ON APPEALS

I’ve long been a fan of Richard Posner, judge (and former chief judge) of the 7th U.S. Circuit Court of Appeals in Chicago. Here’s why.

I’m an appellate lawyer. The key to winning appeals is to get into the minds of appellate judges. This is quite difficult, in part because judges don’t say much about how they think about cases. Many “just do it” without much introspection. Others have s...

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